MRS Title 30-A, Chapter187: PLANNING AND LAND USE REGULATION
Text current through November 1, 2017, see disclaimer at end of document.
Title 30-A: MUNICIPALITIES AND COUNTIES
Chapter187: PLANNING AND LAND USE REGULATION
Table of Contents
Part2. MUNICIPALITIES ...... 0
Subpart6-A. PLANNING AND LAND USE REGULATION ...... 0
Subchapter1. GENERAL PROVISIONS ...... 0
Section4301. DEFINITIONS ...... 0
Section4302. NUISANCES...... 0
Subchapter2. GROWTH MANAGEMENT PROGRAM ...... 0
Article1. GENERAL PROVISIONS ...... 0
Section4311. SHORT TITLE (REPEALED)...... 0
Section4312. STATEMENT OF FINDINGS, PURPOSE AND GOALS..0
Section4313. TRANSITION; SAVINGS CLAUSE (REPEALED).....0
Section4314. TRANSITION; SAVINGS CLAUSE...... 0
Article2. GROWTH MANAGEMENT PROGRAMS ...... 0
Section4321. GROWTH MANAGEMENT PROGRAM ESTABLISHED0
Section4322. EXCEPTION...... 0
Section4323. LOCAL AUTHORITY FOR GROWTH MANAGEMENT.0
Section4324. RESPONSIBILITY FOR GROWTH MANAGEMENT...0
Section4325. COOPERATIVE MUNICIPAL GROWTH MANAGEMENT ACTIVITIES 0
Section4326. GROWTH MANAGEMENT PROGRAM ELEMENTS...0
Section4327. CERTIFICATION; REVISIONS (REPEALED)...... 0
Section4328. TRANSFER OF DEVELOPMENT RIGHTS...... 0
Article2-A. EVALUATION ...... 0
Section4331. EVALUATION PROCESS...... 0
Article3. STATE ROLE IN GROWTH MANAGEMENT ...... 0
Section4341. STATE DUTIES (REPEALED)...... 0
Section4342. STATE PLANNING REVIEW PROGRAM (REPEALED).0
Section4343. STATE REVIEW OF LOCAL PROGRAMS (REPEALED)0
Section4344. STATE TECHNICAL AND FINANCIAL ASSISTANCE (REPEALED) 0
Article3-A. FINANCIAL AND TECHNICAL ASSISTANCE PROGRAM .0
Section4345. PURPOSE; DEPARTMENT TO ADMINISTER PROGRAM0
Section4346. TECHNICAL AND FINANCIAL ASSISTANCE PROGRAM0
Section4347. REVIEW OF LOCAL PROGRAMS BY OFFICE (REPEALED) 0
Section4347-A. REVIEW OF PROGRAMS BY DEPARTMENT...... 0
Section4348. VOLUNTARY CERTIFICATION (REPEALED)...... 0
Section4349. ELIGIBILITY FOR OTHER STATE AID, GRANTS AND ASSISTANCE (REPEALED) 0
Section4349-A. STATE CAPITAL INVESTMENTS...... 0
Article3-B. COMMUNITY PRESERVATION ADVISORY COMMITTEE 0
Section4350. COMMUNITY PRESERVATION ADVISORY COMMITTEE (REPEALED) 0
Section4350-A. REPEAL DATE (REPEALED)...... 0
Subchapter3. LAND USE REGULATION ...... 0
Section4351. HOME RULE LIMITATIONS...... 0
Section4352. ZONING ORDINANCES...... 0
Section4353. ZONING ADJUSTMENT...... 0
Section4353-A. CODE ENFORCEMENT OFFICER; AUTHORITY FOR DISABILITY STRUCTURES PERMITS 0
Section4354. IMPACT FEES...... 0
Section4355. APPLICATION FEES...... 0
Section4356. MORATORIA...... 0
Section4357. COMMUNITY LIVING ARRANGEMENTS (REPEALED).0
Section4357-A. COMMUNITY LIVING ARRANGEMENTS...... 0
Section4358. REGULATION OF MANUFACTURED HOUSING...... 0
Section4358-A. SOURCE WATER PROTECTION AREA...... 0
Section4359. STATE POLICY RELATING TO MUNICIPAL COMMERCIAL LANDFILL FACILITIES MORATORIA 0
Section4360. RATE OF GROWTH ORDINANCES ...... 0
Section4361. COORDINATION OF STATE AND MUNICIPAL DECISION MAKING; RENEWABLE OCEAN ENERGY PROJECTS 0
Subchapter3-A. INFORMED GROWTH ACT...... 0
Section4365. SHORT TITLE...... 0
Section4365-A. MUNICIPAL OPT-IN...... 0
Section4366. DEFINITIONS...... 0
Section4367. PREPARATION OF COMPREHENSIVE ECONOMIC IMPACT STUDY 0
Section4368. PUBLIC HEARING...... 0
Section4369. LAND USE PERMIT APPROVAL...... 0
Section4370. APPEAL...... 0
Section4371. EXEMPTION (REPEALED)...... 0
Section4372. EXISTING STRUCTURE...... 0
Subchapter4. SUBDIVISIONS ...... 0
Section4401. DEFINITIONS...... 0
Section4402. EXCEPTIONS...... 0
Section4403. MUNICIPAL REVIEW AND REGULATION...... 0
Section4404. REVIEW CRITERIA...... 0
Section4405. ACCESS TO DIRECT SUNLIGHT...... 0
Section4406. ENFORCEMENT; PROHIBITED ACTIVITIES...... 0
Section4407. REVISIONS TO EXISTING PLAT OR PLAN...... 0
Section4408. RECORDING UPON APPROVAL...... 0
Subchapter5. ENFORCEMENT OF LAND USE REGULATIONS ...... 0
Section4451. TRAINING AND CERTIFICATION FOR CODE ENFORCEMENT OFFICERS 0
Section4452. ENFORCEMENT OF LAND USE LAWS AND ORDINANCES0
Section4453. CERTIFICATION FOR REPRESENTATION IN COURT...0
Subchapter6. MUNICIPAL REGULATION OF WATER LEVELS AND MINIMUM FLOWS 0
Section4454. MUNICIPAL REGULATION...... 0
Section4455. REGISTRATION FOR AUTHORITY TO REGULATE....0
Section4456. INTERLOCAL AGREEMENTS...... 0
Section4457. ASSUMPTION OF AUTHORITY...... 0
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MRS Title 30-A, Chapter187: PLANNING AND LAND USE REGULATION
Maine Revised Statutes
Title 30-A: MUNICIPALITIES AND COUNTIES
Chapter187: PLANNING AND LAND USE REGULATION
Subchapter 1:GENERAL PROVISIONS
§4301. DEFINITIONS
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
1.Affordable housing. "Affordable housing" means a decent, safe and sanitary dwelling, apartment or other living accommodation for a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended.
A. [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW); 1989, c. 878, Pt. A, §83 (RP).]
B. [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW); 1989, c. 878, Pt. A, §83 (RP).]
C. [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW); 1989, c. 878, Pt. A, §83 (RP).]
D. [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW); 1989, c. 878, Pt. A, §83 (RP).]
E. [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW); 1989, c. 878, Pt. A, §83 (RP).]
[ 2017, c. 1, §22 (COR) .]
1-A.Cluster development. "Cluster development" means a form of development that allows a subdivision design in which individual lot sizes and setbacks are reduced in exchange for the creation of common open space and recreation areas, the preservation of environmentally sensitive areas, agriculture and silviculture and the reduction in the size of road and utility systems.
[ 2005, c. 244, §1 (NEW) .]
2.Coastal area. "Coastal area" means a coastal island and any municipality or unorganized township contiguous to tidal waters. The inland boundary of the coastal area is the inland line of any coastal town line.
[ 2001, c. 578, §1 (AMD) .]
3.Comprehensive plan. "Comprehensive plan" means a document or interrelated documents containing the elements established under section 4326, subsections 1 to 4, including the strategies for an implementation program which are consistent with the goals and guidelines established under subchapter II.
[ 1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW); 1989, c. 562, §1 (AMD) .]
4.Conditional zoning. "Conditional zoning" means the process by which the municipal legislative body may rezone property to permit the use of that property subject to conditions not generally applicable to other properties similarly zoned.
[ 1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW) .]
4-A.Critical rural area. "Critical rural area" means a rural area that is specifically identified and designated by a municipality's or multimunicipal region's comprehensive plan as deserving maximum protection from development to preserve natural resources and related economic activities that may include, but are not limited to, significant farmland, forest land or mineral resources; high-value wildlife or fisheries habitat; scenic areas; public water supplies; scarce or especially vulnerable natural resources; and open lands functionally necessary to support a vibrant rural economy.
[ 2001, c. 578, §2 (NEW) .]
4-B.Critical waterfront area. "Critical waterfront area" means a shorefront area characterized by functionally water-dependent uses, as defined in Title 38, section 436-A, subsection 6, and specifically identified and designated by a municipality's or multimunicipal region's comprehensive plan as deserving maximum protection from incompatible development.
[ 2001, c. 578, §2 (NEW) .]
5.Contract zoning. "Contract zoning" means the process by which the property owner, in consideration of the rezoning of that person's property, agrees to the imposition of certain conditions or restrictions not imposed on other similarly zoned properties.
[ 1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW) .]
5-A.Downtown. "Downtown" means:
A. The central business district of a community that serves as the center for socioeconomic interaction in the community and is characterized by a cohesive core of commercial and mixed-use buildings, often interspersed with civic, religious and residential buildings and public spaces, typically arranged along a main street and intersecting side streets, walkable and served by public infrastructure; or [1999, c. 776, §7 (NEW).]
B. An area identified as a downtown in a comprehensive plan adopted pursuant to chapter 187, subchapter II. [1999, c. 776, §7 (NEW).]
[ 1999, c. 776, §7 (NEW) .]
5-B.Growth-related capital investment. "Growth-related capital investment" means investment by the State in only the following projects, even if privately owned, whether using state, federal or other public funds and whether in the form of a purchase, lease, grant, loan, loan guarantee, credit, tax credit or other financial assistance:
A. Construction or acquisition of newly constructed multifamily rental housing; [1999, c. 776, §7 (NEW).]
B. Development of industrial or business parks; [1999, c. 776, §7 (NEW).]
C. Construction or extension of sewer, water and other utility lines; [1999, c. 776, §7 (NEW).]
D. Grants and loans for public or quasi-public service infrastructure, public or quasi-public facilities and community buildings; and [2001, c. 613, §1 (AMD).]
E. Construction or expansion of state office buildings, state courts, hospitals and other quasi-public facilities and other civic buildings that serve public clients and customers. [2001, c. 613, §1 (AMD).]
"Growth-related capital investment" does not include investment in the following: the operation or maintenance of a governmental or quasi-governmental facility or program; the renovation of a governmental facility that does not significantly expand the facility's capacity; general purpose aid for education; school construction or renovation projects; highway or bridge projects; programs that provide direct financial assistance to individual businesses; community revenue sharing; or public health programs.
[ 2001, c. 613, §1 (AMD) .]
5-C.Department. "Department" means the Department of Agriculture, Conservation and Forestry.
[ 2011, c. 655, Pt. JJ, §12 (NEW); 2011, c. 655, Pt. JJ, §41 (AFF); 2011, c. 657, Pt. W, §5 (REV) .]
6.Development. "Development" means a change in land use involving alteration of the land, water or vegetation, or the addition or alteration of structures or other construction not naturally occurring.
[ 1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW) .]
6-A.Impact fee. "Impact fee" means a charge or assessment imposed by a municipality against a new development to fund or recoup a portion of the cost of new, expanded or replacement infrastructure facilities necessitated by and attributable at least in part to the new development.
[ 2005, c. 597, §1 (AMD); 2005, c. 597, §4 (AFF) .]
6-B.Impact fee ordinance. "Impact fee ordinance" means an ordinance that establishes the applicability, formula and means by which impact fees are assessed.
[ 2001, c. 406, §1 (NEW) .]
6-C.Growth area. "Growth area" means an area that is designated in a municipality's or multimunicipal region's comprehensive plan as suitable for orderly residential, commercial or industrial development, or any combinations of those types of development, and into which most development projected over 10 years is directed.
[ 2001, c. 578, §3 (NEW) .]
7.Implementation program. "Implementation program" means that component of a local growth management program that begins after the adoption of a comprehensive plan and that includes the full range of municipal policy-making powers, including spending and borrowing powers, as well as the powers to adopt or implement ordinances, codes, rules or other land use regulations, tools or mechanisms that carry out the purposes and general policy statements and strategies of the comprehensive plan in a manner consistent with the goals and guidelines of subchapter 2.
[ 2005, c. 597, §2 (AMD); 2005, c. 597, §4 (AFF) .]
8.Land use ordinance. "Land use ordinance" means an ordinance or regulation of general application adopted by the municipal legislative body which controls, directs or delineates allowable uses of land and the standards for those uses.
[ 1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW) .]
9.Growth management program. "Growth management program" means a document containing the components described in section 4326, including the implementation program, that is consistent with the goals and guidelines established by subchapter II and that regulates land use beyond that required by Title 38, chapter 3, subchapter I, article 2-B.
[ 2001, c. 578, §4 (AMD) .]
10.Planning committee. "Planning committee" means the committee established by the municipal officers of a municipality or combination of municipalities that has the general responsibility established under sections 4324 and 4326.
[ 2001, c. 578, §5 (AMD) .]
11.Moratorium. "Moratorium" means a land use ordinance or other regulation approved by a municipal legislative body that, if necessary, may be adopted on an emergency basis and given immediate effect and that temporarily defers all development, or a type of development, by withholding any permit, authorization or approval necessary for the specified type or types of development.
[ 2005, c. 597, §2 (AMD); 2005, c. 597, §4 (AFF) .]
11-A.Multimunicipal region. "Multimunicipal region" means a region made up of 2 or more municipalities that work together to cooperatively establish a growth management program or independent growth management programs that are unified with respect to the implementation of the state goal identified in section 4312, subsection 3, paragraph A. The several municipalities in a multimunicipal region may establish the region pursuant to section 4325 or chapter 115.
[ 2001, c. 578, §6 (NEW) .]
12.Municipal reviewing authority. "Municipal reviewing authority" means the municipal planning board, agency or office, or if none, the municipal officers.
[ 1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW) .]
13.Office.
[ 2011, c. 655, Pt. JJ, §41 (AFF); 2011, c. 655, Pt. JJ, §13 (RP) .]
13-A.Rate of growth ordinance. "Rate of growth ordinance" means a land use ordinance or other rule that limits the number of building or development permits issued by a municipality or other jurisdiction over a designated time frame.
[ 2001, c. 406, §1 (NEW) .]
14.Regional council. "Regional council" means a regional planning commission or a council of governments established under chapter 119, subchapter I.
[ 1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW) .]
14-A.Service center community. "Service center community" means a municipality or group of municipalities identified by the department according to a methodology established by rule that includes 4 basic criteria, including level of retail sales, jobs-to-workers ratio, the amount of federally assisted housing and the volume of service sector jobs. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
[ 2011, c. 655, Pt. JJ, §14 (AMD); 2011, c. 655, Pt. JJ, §41 (AFF) .]
14-B.Rural area. "Rural area" means a geographic area that is identified and designated in a municipality's or multimunicipal region's comprehensive plan as an area that is deserving of some level of regulatory protection from unrestricted development for purposes that may include, but are not limited to, supporting agriculture, forestry, mining, open space, wildlife habitat, fisheries habitat and scenic lands, and away from which most development projected over 10 years is diverted.
[ 2001, c. 578, §6 (NEW) .]
14-C.Transitional area. "Transitional area" means an area that is designated in a municipality's or multimunicipal region's comprehensive plan as suitable for a share of projected residential, commercial or industrial development but that is neither intended to accept the amount or density of development appropriate for a growth area nor intended to provide the level of protection for rural resources afforded in a rural area or critical rural area.
[ 2001, c. 578, §6 (NEW) .]
15.Zoning.
[ 1993, c. 166, §2 (RP) .]
15-A.Zoning ordinance. "Zoning ordinance" means a type of land use ordinance that divides a municipality into districts and that prescribes and reasonably applies different regulations in each district.
[ 1993, c. 166, §3 (NEW) .]
SECTION HISTORY
1989, c. 104, §§A45,C10 (NEW). 1989, c. 562, §1 (AMD). 1989, c. 581, §6 (AMD). 1989, c. 878, §A83 (AMD). 1991, c. 18, §1 (AMD). 1991, c. 722, §5 (AMD). 1991, c. 722, §11 (AFF). 1991, c. 780, §E1 (AMD). 1993, c. 166, §§1-3 (AMD). 1995, c. 395, §D12 (AMD). 1999, c. 776, §7 (AMD). 2001, c. 90, §1 (AMD). 2001, c. 406, §1 (AMD). 2001, c. 578, §§1-6 (AMD). 2001, c. 613, §1 (AMD). 2001, c. 673, §1 (AMD). 2005, c. 244, §1 (AMD). 2005, c. 597, §§1,2 (AMD). 2005, c. 597, §4 (AFF). 2011, c. 655, Pt. JJ, §§12-14 (AMD). 2011, c. 655, Pt. JJ, §41 (AFF). 2011, c. 657, Pt. W, §5 (REV). RR2017, c. 1, §22 (COR).
§4302. NUISANCES
Any property or use existing in violation of a municipal land use ordinance or regulation is a nuisance. [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
SECTION HISTORY
1989, c. 104, §§A45,C10 (NEW).
Subchapter 2:GROWTH MANAGEMENT PROGRAM
Article 1:GENERAL PROVISIONS
§4311. SHORT TITLE
(REPEALED)
SECTION HISTORY
1989, c. 104, §§A45,C10 (NEW). 1991, c. 622, §F15 (RP).
§4312. STATEMENT OF FINDINGS, PURPOSE AND GOALS
1.Legislative findings.
[ 1991, c. 622, Pt. F, §16 (RP) .]
2.Legislative purpose. The Legislature declares that it is the purpose of this Act to:
A. Establish, in each municipality of the State, local comprehensive planning and land use management; [1991, c. 622, Pt. F, §17 (AMD).]
B. Encourage municipalities to identify the tools and resources to effectively plan for and manage future development within their jurisdictions with a maximum of local initiative and flexibility; [1991, c. 622, Pt. F, §17 (AMD).]
C. Encourage local land use ordinances, tools and policies based on local comprehensive plans; [1991, c. 622, Pt. F, §17 (AMD).]
D. Incorporate regional considerations into local planning and decision making so as to ensure consideration of regional needs and the regional impact of development; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
E. [1991, c. 622, Pt. F, §18 (RP).]
F. Provide for continued direct state regulation of development proposals that occur in areas of statewide concern, that directly impact natural resources of statewide significance or that by their scale or nature otherwise affect vital state interests; [2001, c. 578, §7 (AMD).]
G. Encourage the widest possible involvement by the citizens of each municipality in all aspects of the planning and implementation process, in order to ensure that the plans developed by municipalities have had the benefit of citizen input; and [2001, c. 578, §7 (AMD).]
H. [1991, c. 622, Pt. F, §20 (RP).]
I. Encourage the development and implementation of multimunicipal growth management programs. [2001, c. 578, §8 (NEW).]
[ 2001, c. 578, §§7, 8 (AMD) .]
3.State goals. The Legislature hereby establishes a set of state goals to provide overall direction and consistency to the planning and regulatory actions of all state and municipal agencies affecting natural resource management, land use and development. The Legislature declares that, in order to promote and protect the health, safety and welfare of the citizens of the State, it is in the best interests of the State to achieve the following goals:
A. To encourage orderly growth and development in appropriate areas of each community and region while protecting the State's rural character, making efficient use of public services and preventing development sprawl; [2001, c. 578, §9 (AMD).]
B. To plan for, finance and develop an efficient system of public facilities and services to accommodate anticipated growth and economic development; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
C. To promote an economic climate which increases job opportunities and overall economic well-being; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
D. To encourage and promote affordable, decent housing opportunities for all Maine citizens; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
E. To protect the quality and manage the quantity of the State's water resources, including lakes, aquifers, great ponds, estuaries, rivers and coastal areas; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
F. To protect the State's other critical natural resources, including without limitation, wetlands, wildlife and fisheries habitat, sand dunes, shorelands, scenic vistas and unique natural areas; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
G. To protect the State's marine resources industry, ports and harbors from incompatible development and to promote access to the shore for commercial fishermen and the public; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
H. To safeguard the State's agricultural and forest resources from development which threatens those resources; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
I. To preserve the State's historic and archeological resources; [2015, c. 349, §1 (AMD).]
J. To promote and protect the availability of outdoor recreation opportunities for all Maine citizens, including access to surface waters; and [2015, c. 349, §1 (AMD).]
K. To encourage municipalities to develop policies that assess community needs and environmental effects of municipal regulations, lessen the effect of excessive parking requirements for buildings in downtowns and on main streets and provide for alternative approaches for compliance relating to the reuse of upper floors of buildings in downtowns and on main streets. [2015, c. 349, §2 (NEW).]
[ 2015, c. 349, §§1, 2 (AMD) .]
4.Limitation on state rule-making authority. The department is authorized to adopt rules necessary to carry out the purposes of this subchapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. This section may not be construed to grant any separate regulatory authority to any state agency beyond that necessary to implement this subchapter.
[ 2011, c. 655, Pt. JJ, §15 (AMD); 2011, c. 655, Pt. JJ, §41 (AFF) .]
SECTION HISTORY
1989, c. 104, §§A45,C10 (NEW). 1991, c. 622, §§F16-20 (AMD). 2001, c. 406, §2 (AMD). 2001, c. 578, §§7-9 (AMD). 2011, c. 655, Pt. JJ, §15 (AMD). 2011, c. 655, Pt. JJ, §41 (AFF). 2015, c. 349, §§1, 2 (AMD).
§4313. TRANSITION; SAVINGS CLAUSE
(REPEALED)
SECTION HISTORY
1989, c. 104, §§A45,C10 (NEW). 1989, c. 562, §2 (AMD). 1991, c. 278, §1 (AMD). 1991, c. 622, §F21 (AMD).
§4314. TRANSITION; SAVINGS CLAUSE
1.Comprehensive plan. A municipal comprehensive plan adopted or amended by a municipality under former Title 30, chapter 239, subchapter 5 or 6 remains in effect until amended or repealed in accordance with the procedures, goals and guidelines established in this subchapter.
[ 2003, c. 641, §2 (AMD) .]
2.Shoreland and floodplain zoning ordinances. Notwithstanding section 4352, subsection 2, any portion of a zoning ordinance that is not consistent with a comprehensive plan adopted in accordance with the procedures, goals and guidelines established in this subchapter is no longer in effect 24 months after adoption of the plan unless the ordinance:
A. Does not regulate land use beyond the area required by Title 38, chapter 3, subchapter 1, article 2-B; or [2003, c. 641, §3 (NEW).]
B. Is adopted pursuant to and complies with the provisions of Title 38, section 440 and complies with the requirements of the Federal Flood Insurance Program. [2003, c. 641, §3 (NEW).]
[ 2003, c. 641, §3 (RPR) .]
3.Rate of growth, zoning and impact fee ordinances. After January 1, 2003, any portion of a municipality's or multimunicipal region's rate of growth, zoning or impact fee ordinance must be consistent with a comprehensive plan adopted in accordance with the procedures, goals and guidelines established in this subchapter. The portion of a rate of growth, zoning or impact fee ordinance not directly related to an inconsistency identified by a court or during a comprehensive plan review by the department in accordance with section 4347-A, subsection 3-A remains in effect. For purposes of this subsection, "zoning ordinance" does not include an ordinance that applies townwide that is a cluster development ordinance or a design ordinance prescribing the color, shape, height, landscaping, amount of open space or other comparable physical characteristics of development. The portion of a rate of growth, zoning or impact fee ordinance that is not consistent with a comprehensive plan is no longer in effect unless: